Delaware Superior Court Decision Imparts Lessons for Insurance Agents and Brokers Regarding Policy Exclusions and Language

In June 2024, the Delaware Superior Court granted a motion for summary judgment, requiring an insurance company to defend and indemnify the plaintiff in regard to underlying litigation. Legal Update for Insurance Agents & Brokers, November 2024, has been prepared for our readers by Marshall Dennehey.

Secured a decision denying a claimant wage loss benefits for an accepted work injury

We secured a decision denying a claimant wage loss benefits for an accepted work injury. The claimant sustained a left wrist contusion and extensor carpi ulnaris (ECU) peri-tendonitis injury when a 50-pound lid crushed his left arm in the course and scope of his employment. The claimant alleged that as a result of the injury, he was unable to perform light-duty work as a system operator. Through medical evidence, we were able to establish that the claimant had medical issues unrelated to the accepted work injury that were the cause of his inability to work.

received a unanimous defense verdict on behalf of an orthopedic and physical therapy practice

We received a unanimous defense verdict on behalf of an orthopedic and physical therapy practice in a case where the plaintiff’s demand was $5 million. The jury deliberated for approximately six hours and had to decide whether the injuries sustained by the plaintiff  (detached retina, macular hole and other related eye injuries resulting in five surgeries in two years) were related to any negligence by his clients.